An offshore worker from Elgin who tried to spend a night in a layby following an argument at home has had his driving privileges revoked.
Fraser Houston appeared at Elgin Sheriff Court on Thursday for sentencing after admitting to refusing to comply with roadside testing procedures when requested to do so earlier this year.
The 40-year-old had gotten into a dispute at home on the evening of January 23 when he made the decision to leave and try to spend the rest of the night in a layby between Elgin and Thomshill.
He was stopped in that effort when he came to the attention of passing police officers.
‘I’m not doing it’
Fiscal depute Shay Treanor told the court that officers spotted Houston’s car – a black Ford Mondeo – alone in the layby and made the decision to approach.
But when they did so, they came to the conclusion that he had consumed alcohol.
When they asked him to complete the roadside testing procedure, Mr Treanor said Houston became “irate”.
“They formed the opinion the accused was under the influence of alcohol,” he said.
“He stated ‘I’m not doing it’.”
Conviction will not cost him his job
Houston’s defence agent, Matthew O’Neill, said he eventually did comply with officers when he was taken in, but “things were too far down the road” at that stage.
Mr O’Neill said Houston, of Robertson Drive, struggled with mental health issues when he was not offshore and had gotten into an argument with his partner on the night of his arrest.
“They are particularly severe when he’s onshore,” he said.
“An argument had taken place between him and his partner that evening. He had taken himself away from the property and parked up with the intention of staying in his car overnight,” he added.
“As a result of that he had consumed alcohol.”
He added Houston would not lose his job as a result of the conviction despite issues that will arise because of his lack of transport.
“Arrangements can be made for Mr Houston to get around them,” Mr O’Neill said.
Sentencing him, Sheriff Olga Pasportnikov told Houston he will be banned from driving for the next three years.
He will also fall under the supervision of the social work department for 18 months, be required to attend any alcohol treatment programmes they suggest, and complete 100 hours of unpaid work within the community over the next nine months.